(WASHINGTON) — President Donald Trump’s attempt to ban transgender people from military service continues an unfortunate history of the armed services excluding marginalized people from the “privilege of serving,” a federal judge wrote Tuesday night.
In a 79-page decision, U.S. District Judge Ana Reyes blocked the Trump administration from enacting the policy and offered a scathing rebuke of the Pentagon’s development of the policy.
“The Court’s opinion is long, but its premise is simple. In the self-evident truth that all people are created equal, all means all. Nothing more. And certainly nothing less,” Judge Reyes wrote.
The ruling came as part of Talbott vs. Trump, a lawsuit filed on Jan. 28 in the U.S. District Court for the District of Columbia by LGBTQ+ advocacy groups Glad Law and the National Center for Lesbian Rights on behalf of six active duty transgender service members.
2nd Lt. Nicholas Talbott and Maj. Erica Vandal, both plaintiffs in the lawsuit, expressed relief during a press conference on Wednesday morning and said they look forward to continuing to serve their country.
“[This preliminary injunction] has provided immense relief for myself and my family, personally, along with the numerous others impacted,” Vandal said. “It’s a massive burden lifted knowing that I can continue to provide for my wife and two children, while continuing my career and lifelong passion as a field artillery officer.”
Lt. Talbott, a platoon leader in the U.S. Army Reserve, said that the ruling is a “tremendous step forward” and a “breath of fresh air.”
“Transgender service members are just as qualified, competent and dedicated as any other military member, and we are thrilled to be able to continue to put on our uniforms and perform the jobs we have worked so hard for in service of our country,” Talbott said.
A Defense Department memo last month said the Pentagon will be required to form a procedure to identify transgender troops by March 26 and separate them from the military by June 25, unless they receive an exemption. This includes service members receiving some form of treatment or hormones for that diagnosis of gender dysphoria, as well as those who have gone through a gender-affirming surgery.
According to Reyes, the Trump administration failed to justify the policy by articulating its impact on military readiness, harmed thousands of transgender service members, and likely violated the United States Constitution.
“The President has the power—indeed the obligation—to ensure military readiness. At times, however, leaders have used concern for military readiness to deny marginalized persons the privilege of serving,” Reyes wrote.
“[Fill in the blank] is not fully capable and will hinder combat effectiveness; [fill in the blank] will disrupt unit cohesion and so diminish military effectiveness; allowing [fill in the blank] to serve will undermine training, make it impossible to recruit successfully, and disrupt military order,” she added. “First minorities, then women in combat, then gays filled in that blank. Today, however, our military is stronger and our Nation is safer for the millions of such blanks (and all other persons) who serve.”
While the judge acknowledged that the judiciary should generally defer to military leadership, she said that permitting the policy to be enforced would be her following the Pentagon “blindly” after it justified the policy with “pure conjecture” during multiple court hearings.
Anticipating the Trump administration’s appeal, Reyes delayed her decision from taking effect until Friday so the Department of Justice could ask a higher court to stay her order.
“The Court knows that this opinion will lead to heated public debate and appeals. In a healthy democracy, both are positive outcomes. We should all agree, however, that every person who has answered the call to serve deserves our gratitude and respect. For, as Elmer Davis observed, ‘[t]his nation will remain the land of the free only so long as it is the home of the brave.’ The Court extends its appreciation to every current servicemember and veteran. Thank you,” the judge concluded her opinion.
White House Deputy Chief of Staff Stephen Miller said on X in response to the judge’s order, “District court judges have now decided they are in command of the Armed Forces…is there no end to this madness?”
Jennifer Levi and Shannon Minter, attorneys representing the plaintiffs in Talbott. vs Trump, welcomed the preliminary injunction during the press conference on Wednesday.
Minter said he is hopeful that as the case moves forward, it will result in a “permanent injunction,” because the “legal basis of the decision is so strong.”
Levi said that while the Trump administration could seek an emergency stay, she is “hopeful” that the judge would deny it.
“We anticipate that [the Trump administration] may appeal this, they may seek an emergency stay to try to get emergency relief. I think I’m hopeful that that won’t happen,” Levi said. “But I think the easier course, really, for the military at this point, is to continue to preserve these people in active service and let them continue to do their jobs.”
Meanwhile, Talbott and Vandal acknowledged that the fight is not over.
“Ultimately, the relief I feel at this time is tempered by the knowledge that this fight is far from over,” Vandal said.
“We are ready, and we are going to continue to show up every single day, put on our uniforms and do the absolute best that we can,” Talbott added.
There are currently 4,240 active-duty, National Guard and Reserve service members who have been diagnosed with gender dysphoria, a defense official previously told ABC News.
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